to the States. In some cases all the members from a State were elected on one general ticket; in others the State was divided into districts. Among the distinguished members were Theodore Sedgwick and Elbridge Gerry of Massachusetts, Jonathan Trumbull of Connecticut, and James Madison of Virginia. From the first, the custom obtained that a member of the House should be a resident of the district from which he was chosen.

The House organized April 6. In the Speaker appeared an officer until now unknown in the Federal Organization System. At first he was only a moderator; of Congress. after about a year he was given the power to appoint committees; and from that time dates the growth of those powers which have made him second in influence only to the President of the United States. The pro

cedure was modelled partly on that of the old Congress, and partly upon that of the State legislatures: it is noticeable, however, that the system of permanent committees so familiar during the previous twelve years was not immediately readopted; it began to come in about 1794. The first act on the statute book was passed June 1, 1789, and prescribed a form of oath. Congress voted itself a moderate per diem of six dollars. The only other important question relative to the form of Congress was that of apportionment. On April 5, 1792, a bill allotting the members of the House to the States was the subject of the first executive veto.

Amendments.

to the Constitution.

One important function was performed before Congress adjourned, by submitting to the States twelve amendments These were made up by comparison of the propositions submitted by the States at the time of ratification, and practically constituted a brief bill of rights. In due time all but two unimportant clauses were ratified by the States, and the great objection to the Constitution was thus removed.

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Congress.

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The importance of the First Congress was that the general forms adopted for the transaction of its business have continued without serious change to the present day. Its officers have increased, its powers have developed, its political importance has expanded; but its parliamentary procedure is still much the same as in 1789.

The first
President.

74. Organization of the Executive (1789, 1790). While the senators and representatives were being selected, Presidential electors were also chosen in all the eleven States except New York. The States exercised their constitutional discretion: in some the electors were chosen by the legislatures, in others by general ticket, and in others by districts. In one thing they agreed: when quorums of both houses were obtained, so that the votes could be counted, April 6, 1789, it was found that every elector had cast a ballot for George Washington. On April 30 he took the oath of office in Federal Hall on Wall Street, New York, and Maclay records for the benefit of posterity that "he was dressed in deep brown, with metal buttons with an eagle on them, white stockings, a bag, and sword." As the presidency was an entirely new office, there was much difficulty and some squabbling over the details of his place. The question of title was raised; and it was understood that Washington would have liked to be called "His High Mightiness, the President of the United States and Protector of their Liberties." No action was taken, and the simple title of "Mr. President" was by common consent adopted.

The duties of the President were clearly defined by the Constitution. It now became necessary to make some provision for subordinate executive officers. Here for the first time the importance of the legislation of the

First Congress is visible. They had it in their power to put flesh and blood upon the dry bones of the ConstiExecutive tution they might surround the President departments. with a vigorous, active, and well-centred body of subordinates; or they might go back to the practice of the old Congress, and create executive officers who should be practically the servants of Congress. They resolved to trust the President. The first executive department to be established was the Department of Foreign Affairs, of which the name was a little latter changed to the Department of State. In due time Thomas Jefferson was appointed Secretary of State; among his successors have been John Marshall, James Madison, James Monroe, John Quincy Adams, Henry Clay, Martin Van Buren, Daniel Webster, John C. Calhoun, James Buchanan, and William H. Seward. The War Department bill passed August 7, and Henry Knox, who had been the head of the army under the old system, was Treasury reappointed. In establishing the Treasury Department. Department a strong effort was made to create a Secretary of the Treasury as an agent of Congress rather than as the officer of the President. The details of the office were therefore carefully regulated by the statute, and specific duties were assigned to the Secretary. He was, however, appointed by the President, and the question was raised whether he was also removable by the President. The Senate insisted that the removal should not be valid without its approval; the House insisted that the President should be unrestrained: by the casting vote of the Vice-President the latter system was adopted. The first Secretary of the Treasury was Alexander Hamilton.

Then came the question of the relations of cabinet officers to Congress. Maclay records that on August 22, 1790, the President appeared in the Senate with Knox,

1789, 1790.] Executive and Judiciary.

Relations with Congress.

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and intimated that the Secretary of War would explain a proposed Indian treaty. The only remark that Knox seems to have made was: "Not till Saturday next;" but Maclay was convinced that he was there "to overawe the timid and neutral part of the Senate." With some displeasure, the Senate referred the matter to a committee. Hamilton desired an opportunity to address the House; but it was not accorded, nor does it appear that the privilege has ever been granted to any cabinet officer. Knox's speech is the nearest approach to the Parliamentary system which has been known in Congress.

75. Organization of the Courts (1789-1793).

By the Constitution there was to be a supreme court and such inferior courts as Congress should create. By The Judithe Act of Sept. 24, 1789 the federal judicial ciary Act. system was organized substantially as it now stands. Following the precedent of some of the States, two grades of inferior courts were created, the district and the circuit. The judicial business of the country was small, and for the time being the supreme justices were to hold the circuit courts. Prosecuting officers and marshals were appointed, and here is to be found the germ of the present system of limited terms for public officials they were to have commissions which should run four years; it seems to have been tacitly understood that they would be reappointed. A few brief clauses defined the manner in which suits could be appealed from the State courts to the national. This statute has made it possible to apply federal law in the same way throughout the Union: errors of construction, and divergencies of judgment involving the national Constitution, laws, and treaties, are corrected through this

power of appeal to one central supreme tribunal. A little later an Act was passed defining crimes against the United States. The courts were speedily organized, and John Jay of New York was made the first chief justice.

For a few years no important decisions were made by the court; but in February, 1793, a suit was entertained Important against the State of Georgia; soon after, one decisions. was entered against the State of Massachusetts. Georgia replied by passing a statute punishing with death any United States marshal who might attempt to serve a process upon her. Massachusetts urged the passing of an eleventh constitutional amendment; it was duly adopted in 1798, and prohibited suits before a federal court against a State, by a citizen of another State or of a foreign country.

Revenue scheme.

76. Revenue and Protection (1789-1792).

The first necessity of the new government was to lay the taxes authorized under the new Constitution for its own support, for the payment of interest, and eventually for sinking the principal of the public debt. Two days after the House organized, Madison introduced a scheme, which eventually passed into the first tariff act. On May 13, 1789, after agreeing to a duty on "looking-glasses and brushes," it was moved to lay a tax of ten dollars each on imported slaves. A Georgia member protested against the tax as intended for the benefit of Virginia, and "hoped gentlemen would have some feeling for others; the proposition failed.

Another amendment, however, raised the most impor tant political question connected with taxation. April Question of 9, 1789, a Pennsylvania member wished to protection. increase the list of dutiable articles, so as "to encourage the productions of our country and to